Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Only the drawer of cheque who had issued the cheque is responsible for offence u/s 138 of the Act except the cases which are covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque in question was neither issued nor signed by applicant - Said cheque does not belong to account of applicant - Summoning order qua applicant quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Agreement to sell - Consideration mentioned in the agreement was frustrated by the act of complainant absolving the accused of his liability to pay the amount - Existence of consideration was not established - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(y), 413 -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant is victim of crime - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed - Appeal should have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security as claimed by accused - However, even if cheque was issued as security, accused will be liable for its dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque is not bad even if it is not filled by drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - S.141 of the Act has no applicability to a proprietary concern as it relates to offences by company, firm or association of individuals...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Cheque was issued by petitioner in the name of Proprietorship firm - Since a proprietary concern is not a separate entity from the proprietor it may not be necessary to array proprietory concern separately - Though, liability incurred by petitioner is in the personal capacity, but..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 47 -- Dishonour of cheque - Comparison of signatures - Cheque dishonoured for insufficiency of funds - Comparison of signatures not warranted - Application rightly rejected...........
